2. Individualized Family Service Plan (IFSP) Team or Individualized Education Program (IEP) Team for Children Three To Twenty-TwoFederal statute permits the use of the IFSP to record the special education and related services provided under Part B for children 3-5. In the case of a child with a disability aged 3 through 5 (or, at the discretion of the State educational agency, a 2-year old child with a disability who will turn age 3 during the school year), the IEP Team must consider an individualized family service plan that contains the IFSP content (including the natural environments statement) described in 20 USC 1436 and its implementing regulations including an educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills for children with IFSPs under this section who are at least three years of age, and that is developed in accordance with the IEP procedures. The individualized family service plan may serve as the IEP of the child, if using that plan as the IEP is consistent with State policy; and agreed to by the agency and the child's parents. In implementing the requirements of this paragraph the SAU must provide to the child's parents a detailed explanation of the differences between an IFSP and IEP, and if the parents choose an IFSP, obtain written, informed consent from the parents. [34 CFR 300.323(b)]
The utilization of the IFSP does not afford the child the option of continuing the Part C services. Continuation of Part C services for children 3-5 is not a policy option in Maine. Part C of the Act (IDEA) does not apply to any child with a disability receiving FAPE, in accordance with Part B of the Act, with funds under Section 619 of the Act. [34 CFR 300.818]
A. Advance Written Notice of IEP Meetings Each SAU must take steps to ensure that one or both of the parents of a child with a disability are present at each IEP Team meeting or are afforded the opportunity to participate, including, notifying parents of the meeting early enough, at least 7 days prior to the meeting, to ensure that they will have an opportunity to attend; and scheduling the meeting at a mutually agreed on time and place. The notice must indicate the purpose, time, and location of the meeting and who will be in attendance; and inform the parents of the provisions in 34 CFR 300.321(a)(6) and (c) (relating to the participation of other individuals on the IEP Team who have knowledge or special expertise about the child , B.5 below), and 34 CFR 300.321(f) (relating to the participation of the Part C service coordinator or other representatives of the Part C system at the initial IEP Team meeting for a child previously served under Part C of the act). For a child with a disability the planning must begin no later than the 9th grade, or earlier, if determined appropriate by the IEP Team. The notice must indicate that the purpose of the meeting will be to begin post-secondary transition planning in accordance with 34 CFR 300.320(b) and that the SAU will invite the student and identify any other agency that will be invited to send a representative. [34 CFR 300.322(a) and (b) (1,2)]
The notice must include whether the school administrative unit will have an attorney present at the individualized education program team meeting.
A copy of the notice of the IEP Team Meeting shall be placed in the child's education record.
A copy of the evaluation report must be provided to the parent at least 3 days prior to the IEP Team Meeting at which the evaluation will be discussed
The reports of all evaluations conducted at the SAU's request shall be provided to the IEP case manager of each regional site or SAU.
B. IEP Team Membership. [20 USC 1414(d)(1)(B) and 34 CFR 300.321(a)] Each IEP Team shall include the following members:(2) No less than one regular education teacher for the child which should include career and technical or adult education teachers, if appropriate (if the child is, or may be, participating in the regular education environment);(3) No less than one special education teacher or, where appropriate, not less than one special education provider (licensed or certified special education provider);(4) A representative of the school administrative unit who(a) Is qualified to provide or supervise the provision specially designed instruction to meet the unique needs of students with disabilities;(b) Is knowledgeable about the general education curriculum;(c) Is knowledgeable about the availability of resources of the local educational agency and has written authorization to obligate the unit (or written delegation of that authorization by the responsible SAU to the SAU in which the child is placed); and(5) At the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate;(6) An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in clauses (2) through (5);(7) Whenever applicable, the child; and(8)For a child who is a state ward or state agency client, the child's caseworker representing a youth serving state agency. The surrogate parent retains the sole authority to represent the child by exercising the procedural safeguards available under this rule.The determination of knowledge or special expertise of an individual described in (B)(5) above shall be made by the party (parent or public agency) who invited the individual to be a member of the IEP Team.
C. IEP Team Meetings - Transition Services (1) Transition to preschool and other programs(a) Notification to the SEA and appropriate LEA.(1) The regional site, as lead agency representative must ensure that- (i) Subject to paragraph (a)(2) of this section, not fewer than 90 days before the third birthday of the toddler with a disability if that toddler may be eligible for preschool services under part B of the Act, the regional site notifies the SEA and the SAU for the area in which the toddler resides that the toddler on his or her third birthday will reach the age of eligibility for services under part B of the Act, as determined in accordance with State law;(ii) Subject to paragraph (a)(2) of this section, if the regional site determines that the toddler is eligible for early intervention services under part C of the Act more than 45 but less than 90 days before that toddler's third birthday and if that toddler may be eligible for preschool services under part B of the Act, the regional site, as soon as possible after determining the child's eligibility, notifies the SEA and the SAU for the area in which the toddler with a disability resides that the toddler on his or her third birthday will reach the age of eligibility for services under part B of the Act, as determined in accordance with State law; or(iii) Subject to paragraph (a)(2) of this section, if a toddler is referred to the regional site fewer than 45 days before that toddler's third birthday and that toddler may be eligible for preschool services under part B of the Act, the regional site with parental consent prior to disclosure or use of personally identifiable information, refers the toddler to the SEA and the SAU for the area in which the toddler resides; but, the regional site is not required to conduct an evaluation, assessment, or an initial IFSP meeting under these circumstances.(2) The following personally identifiable information is provided to the SAU:(ii) a child's date of birth,(iii) Parents' contact information (including parents' names, addresses, and telephone numbers).(b) Conference to discuss services. The regional site must ensure that-(1) If a toddler with a disability may be eligible for preschool services under part B of the Act, the regional site, with the approval of the family of the toddler, convenes a conference, among the lead agency, the family, and the SAU not fewer than 90 days-and, at the discretion of all parties, not more than 9 months-before the toddler's third birthday to discuss any services the toddler may receive under part B of the Act; and.(2) If the regional site determines that a toddler with a disability is not potentially eligible for preschool services under part B of the Act, the regional site, with the approval of the family of that toddler, makes reasonable efforts to convene a conference among the regional site, the family, and providers of other appropriate services for the toddler to discuss appropriate services that the toddler may receive.(3)If a child is using necessary assistive technology (AT) device(s) that the AT will follow them on to preschool in order to support a smooth transition and this is identified in the transition plan/IEP that is developed by CDS.(c) Transition plan. The regional site must ensure that for all toddlers with disabilities- (1)(i) It reviews the program options for the toddler with a disability for the period from the toddler's third birthday through the remainder of the school year; and(ii) Each family of a toddler with a disability who is served under this part is included in the development of the transition plan required under this section and as part of the IFSP;(2) It establishes a transition plan in the IFSP not fewer than 90 days-and, at the discretion of all parties, not more than 9 months-before the toddler's third birthday; and(3) The transition plan in the IFSP includes, consistent with the contents of the IFSP, as appropriate- (i) Steps for the toddler with a disability and his or her family to exit from the part C program; and(ii) Any transition services that the IFSP Team identifies as needed by that toddler and his or her family.(d) Transition conference and meeting to develop transition plan. Any conference conducted under paragraph (b) of this section or meeting to develop the transition plan under paragraph (c) of this section (which conference and meeting may be combined into one meeting) must meet the requirements accessibility to and parental consent of the IFSP and has the appropriate membership.(e) Applicability of transition requirements.(1) The transition requirements in paragraphs (a)(1)(i) and (a)(1)(ii), (b)(1), and (c) of this section apply to all toddlers with disabilities receiving services under this part before those toddlers turn age three. [34 CFR 303.209] (2)Transition from Regional CDS site to Public School(a)The regional CDS site is responsible to convene a joint IEP Team Meeting in the spring of the year prior to a child's right to enroll in a public school. The receiving SAU will be responsible for the facilitation, development of IEP amendments, and Written Notice for this joint meeting.(b)The regional CDS site remains responsible for those extended school year services which are specified on a child's IEP until the start of the regular school year in which the child is eligible for enrollment in the public school.(c)An SAU's responsibility for the provision of FAPE to an eligible child who resides within its unit and who turns five on or before October 15th begins on the first day that children attend classes at the start of the school year.The educational program developed for a child by the SAU, with input from CDS, to be implemented on the first day of public school, will be recorded as amendments to the IEP in effect at the time of the transition meeting in the spring of the year the child will transition from CDS to the public school. The time frame for the transition IEP meeting and the development of the amended IEP is April 1st through June 15th. It is expected that any annual review of the IEP due to take place during that time period will occur prior to the transition meeting. The regional CDS sites will contact the local SAUs and schedule transition meetings for children entering public school kindergarten in the fall. Prior to the CDS site sending the advance written notice of the transition meeting, the CDS site and the SAU will jointly, with input from the parent, determine who will be the members of the IEP Team.
The CDS staff, with input from providers and parents, will prepare information to share with the SAU such as:
2.Progress reports and /or all current evaluations3.Present levels of performance4.Anticipated Extended School Year Services informationThe amended IEP will clearly differentiate the responsible parties and the services time frame for which each party is responsible. There may be some specific transition goals for a child that will be a joint responsibility, such as a visit to the public school classroom or a practice ride on the public school bus. CDS, on behalf of its contracted providers, must provide to the SAU access to the child's CDS programs in order for the SAU to make informed decisions about future planning for the child.
Both the CDS site and the SAU must have a representative at the meeting who is qualified and authorized to obligate the unit as required in the MUSER at VI.2.B(4). If the IEP Team does not reach consensus, the CDS representative authorizes the service(s) to be provided by CDS and the SAU representative authorizes the service(s) to be provided by the SAU.
If the transition IEP Team determines that there is not sufficient evaluative information to address all the child's needs that result from the child's disability, the transition IEP Team will determine the additional evaluations to be conducted. If CDS needs an evaluation to complete its responsibilities, CDS is responsible for the cost of that evaluation. Otherwise the evaluations will be paid for by the receiving SAU, which may use federal IDEA, Part B, Section 619 funds for this purpose. Evaluations for which parental consent is received by the SAU before the start of the school year will be governed by the 60 calendar day requirement regarding the administration and completion of the evaluation (section V.1.A(3)(a)(i) of this rule).
(3) Secondary Transition (a) Transition services means a coordinated set of activities for a child with a disability that is designed to be within a results-oriented process, that: is focused on improving the academic and functional achievement of the child with a disability to facilitate the child's movement from school to post school activities, including post-secondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation; is based upon the individual child's needs, taking into account the child's strengths, preferences, and interests; and includes instruction, related services, community experiences, the development of employment and other post school adult living objectives, and if appropriate, acquisition of daily living skills and provision of a functional vocational assessment. Transition services for children with disabilities may be special education, if provided as specially designed instruction, or a related service, if required to assist a child with a disability to benefit from special education. [34 CFR 300.43] (b) Beginning not later than 9th grade the IEP Team will start the transition plan and it will be updated annually thereafter-(aa) appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills;(bb) the transition services (including courses of study, (such as participation in advanced placement courses, a vocational education program, or adult education program) needed to assist the child in reaching those goals; and(cc) beginning not later than 1 year before the child reaches the age of majority under State law, a statement that the child has been informed of the child's rights under IDEA, if any, that will transfer to the child on reaching the age of majority under 20 USC 1415(m) of IDEA. [20 USC 1414(d)(1)(A) (VIII) and 34 CFR 300.320(b)] (c) The public agency must invite a child with a disability to attend the child's IEP Team meeting if a purpose of the meeting will be the consideration of post-secondary goals for the child and the transition services needed to assist the child in reaching those goals. [34 CFR 300.321(b)(1)] (d) If the child does not attend the IEP Team meeting, the public agency must take other steps to ensure that the child's preferences and interests are considered. [34 CFR 300.321(b)(2)] (e) To the extent appropriate, with the consent of the parents or the child who has reached age of majority, in implementing the requirements of (c) above, the public agency must invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services. [34 CFR 300.321(b)(3)] (f) Failure to meet transition objectives. If a participating agency, other than the SAU, fails to provide the transition services described in the IEP, the local educational agency shall reconvene the IEP Team to identify alternative strategies to meet the transition objectives for the child set out in the IEP. [20 USC 1414(d)(6)] Nothing in these rules relieves any other agency, including the Maine Department of Health and Human Services, the Maine Department of Labor, the Maine Department of Corrections, the Maine Department of Public Safety, or the Bureau of Vocational Rehabilitation, of the responsibility to provide or pay for any transition service that the agency would otherwise provide to children with disabilities who meet the eligibility criteria of that agency.
(g) Summary of performance.--For a child whose eligibility under this part terminates due to graduation from secondary school with a regular diploma, or due to exceeding the age eligibility for a free appropriate public education, an SAU shall provide the child with a summary of the child's academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child's postsecondary goals.D. Alternative Means of Meeting Participation [20 USC 1414(f)] When conducting IEP team meetings and placement meetings pursuant to 20 USC 1414(d), 1415(e), and 1415(f)(1)(B), and carrying out administrative matters under 1415 (such as scheduling, exchange of witness lists, and status conferences) the parent of a child with a disability and a SAU shall permit the use of use alternative means of meeting participation, such as video conferences and individual or conference telephone calls to ensure that the parents of a child with a disability are able to have appropriate persons participate in individualized education program team meetings and special education dispute resolution procedures. A school administrative unit is not required to spend any funds to purchase additional equipment in order to comply with this provision.
E. Attendance Not Necessary [20 USC 1414(d)(1)(C)(i) and 34 CFR 300.321(e)(1)] A member of the IEP Team described in 2.B(2-5) of this section is not required to attend an IEP Team Meeting, in whole or in part, if the parent of a child with a disability and the SAU agree in writing that the attendance of such member is not necessary because the member's area of curriculum or related services is not being modified or discussed in the meeting.
F. Excusal [20 USC 1414(d)(1)(C)(ii) and 34 CFR 300 . 321(e)(2)] A member of the IEP Team may be excused from attending an IEP Team Meeting, in whole or in part, when the meeting involves a modification to or discussion of the member's area of curriculum or related services, if-
(1) The parent, in writing, and the SAU consent to the excusal; and(2) The member submits, in writing to the parent and the IEP Team, input into the development of the IEP prior to the meeting. The SAU must ensure that the child's IEP Team is informed of changes (made to the IEP). [34 CFR 300.324(a)(4)(ii)]
Initial IEP Team Meeting for the child under Part C. In the case of a child who was previously served under Part C of IDEA, an invitation to the initial IEP Team Meeting must, at the request of the parent, be sent to the Part C service coordinator or other representatives of the Part C system to assist with the smooth transition of services. [34 CFR 300.321(f)]
G. Written Agreement and Consent Required [20 USC 1414(d)(1)(C)(iii)] A parent's agreement under (E) and consent under (F) above shall be in writing.
H. Parent Participation(1) Public agency responsibility general. Each public agency must take steps to ensure that one or both of the parents of a child with a disability are present at each IEP Team meeting or are afforded the opportunity to participate, including- (a) Notifying parents of the meeting early enough to ensure that they will have an opportunity to attend; and(b) Scheduling the meeting at a mutually agreed on time and place.(2) Information provided to parents. (a) The notice required under paragraph (1)(a) of this section must-(i) Indicate the purpose, time, and location of the meeting and who will be in attendance; and(ii) Inform the parents of the provisions in §300.321(a)(6) and (c) (relating to the participation of other individuals on the IEP Team who have knowledge or special expertise about the child), and §300.321(f) (relating to the participation of the Part C service coordinator or other representatives of the Part C system at the initial IEP Team meeting for a child previously served under Part C of the Act).(b) For a child with a disability the planning must begin no later than the 9th grade or earlier, if determined appropriate by the IEP Team, and the notice also must- (i) Indicate- (I) That a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the child, in accordance with §300.320(b); and(II) That the agency will invite the student; and(ii) Identify any other agency that will be invited to send a representative.(3) Other methods to ensure parent participation. If neither parent can attend an IEP Team meeting, the public agency must use other methods to ensure parent participation, including individual or conference telephone calls, consistent with §300.328 (related to alternative means of meeting participation).(4) Conducting an IEP Team meeting without a parent in attendance. A meeting may be conducted without a parent in attendance if the public agency is unable to convince the parents that they should attend. In this case, the public agency must keep a record of its attempts to arrange a mutually agreed on time and place, such as- (a) Detailed records of telephone calls made or attempted and the results of those calls;(b) Copies of correspondence sent to the parents and any responses received; and(c) Detailed records of visits made to the parent's home or place of employment and the results of those visits.(5) Use of interpreters or other action, as appropriate. The public agency must take whatever action is necessary to ensure that the parent understands the proceedings of the IEP Team meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English.(6) Parent copy of child's IEP. The public agency must give the parent a copy of the child's IEP at no cost to the parent within 21 school days of the IEP Team Meeting. [20 U.S.C. 1414(d)(1)(B)(i) and 34 CFR 300.322 (a-f)] I.IEP Decision-Making ProcessThe IEP meeting serves as a communication vehicle between parents and school personnel, and enables them, as equal participants, to make joint, informed decisions regarding:
(1)The child's needs and appropriate goals;(2)The extent to which the child will be involved in the general curriculum and participate in the regular education environment and State and district-wide assessments; and(3)The services needed to support that involvement and participation and to achieve agreed-upon goals. Parents are considered equal partners with school personnel in making these decisions, and the IEP Team must consider the parents' concerns and the information that they provide regarding their child in determining eligibility; developing, reviewing, and revising IEPs; and determining placement.The IEP Team should work toward consensus, but the SAU has ultimate responsibility to ensure that a child is appropriately evaluated; that the IEP includes the services that the child needs in order to receive FAPE; and that the child's placement is in the least restrictive educational placement. It is not appropriate to make evaluation, eligibility, IEP or placement decisions based upon a majority "vote." If the team cannot reach consensus, the SAU must provide the parents with prior written notice of the school's proposals or refusals, or both, regarding their child's educational program, and the parents have the right to seek resolution of any disagreements by initiating an impartial due process hearing or a State complaint investigation.
Every effort should be made to resolve differences between parents and school staff through voluntary mediation or some other informal step, without resorting to a due process hearing. However a mediation or other informal procedure may not be used to deny or delay a parent's right to a due process hearing or to deny any other rights afforded under these rules.
J.Major IEP Team ResponsibilitiesThe major responsibilities of an IEP Team are:
(1)To review, as part of an initial evaluation (if appropriate) and as part of any reevaluation of a child, existing evaluation data including evaluations and information provided by the parents of the child, current classroom-based assessments and observations, and teacher and supportive services providers observation to determine, with input from the child's parents, what additional data, if any, are needed to determine whether a child is a child with a disability as defined in VII of this rule.(2)To determine the present levels of performance and educational needs of the child in all affected academic and non-academic areas.(3)To determine any necessary modifications and/or adaptations in the child's regular education program if existing data is insufficient to identify the child as eligible for special education services.(4)To develop or revise an Individualized Education Program (IEP) as described in IX to provide each identified child with a disability a free appropriate public education.(5)To review, at least annually, the Individualized Education Program of each child with a disability to:(a)Determine whether the annual goals for the child are being achieved;(b)Revise the IEP as appropriate to address any lack of expected progress toward the annual goals and in the general curriculum, where appropriate;(c)Consider the results of any reevaluation;(d)Consider any information about the child provided to, or by, the parents;K.Audio Recording of IEP MeetingsParents shall be permitted to audio record any IEP meeting regarding their child at their own expense. Schools may also audio record (or video record for families who are deaf or hard of hearing) IEP Meetings in which case the recording becomes an educational record subject to the provisions of XIV of this rule.
L.Abbreviated school dayAn abbreviated school day can be initiated only by the IEP Team for one of two reasons:
1)based upon the child's individual educational needs or 2)based upon the child's individual medical needs.It is the full expectation that children eligible under this Chapter will attend school the equivalent amount of time per day as children without disabilities in the same school and/or school program. These provisions do not apply to a change in placement under Section XV II, Discipline of Children with Disabilities in the regulation. An abbreviated school day for more than 10 days is considered to be a "change in placement" and can be made only by the IEP Team.
IEP teams shall make every effort to maintain children in full-day programs utilizing, supplementary aids and services, before determining that an abbreviated school day is appropriate and necessary.
(1)Abbreviated school day by the IEP Team based on a child's individual educational needsIf the team considers that an abbreviated school day is appropriate and necessary, the IEP Team must:
(a)Address how the child will meet the system of learning results (which may include a core of standards in English language arts and mathematics for kindergarten through grade 12 established in common with other states), and receive full access to the general curriculum and services on the IEP, as determined by the individual child's need;(b)Address how the child will participate in local and statewide assessments;(c)Develop a revised IEP with a re-entry plan for the child to return to a full-time school day within a reasonable period of time, no longer than 45 calendar days; and,(d)Delineate in the revised IEP with the re-entry plan the actions the SAU will take to assist the child to participate in a full day of school; and(e)Document in the Written Notice the basis for the determination of an abbreviated school day and how the determination is based on the individual needs of the child.If the child does not return to a full-time school day within 45 calendar days, the IEP Team must convene every 20 school days thereafter to:
review progress toward returning to full-time school day; review progress in the educational setting; and, if the child is not progressing, determine what setting will allow the child to progress. (2)Abbreviated school day by the IEP Team based upon a child's individual medical needs.If the IEP Team considers that an abbreviated school day is appropriate and necessary, the IEP Team must:
(a)Discuss and consider the individual medical needs as identified by the qualified medical professional(s);(b)Address how the child will meet the system of learning results (which may include a core of standards in English language arts and mathematics for kindergarten through grade 12 established in common with other states) and receive full access to the general curriculum and the services on the IEP, as determined by the individual child's medical needs;(c)Address how the child will participate in local and statewide assessments consistent with the child's individual medical needs; and(d)Document in the Written Notice the medical basis for the determination of an abbreviated school day.Until such time as the child is medically able to transition to a full school day, the IEP Team shall meet no less frequently than every 90 calendar days. In exceptional cases, this may be exceeded when determined necessary by the IEP Team consistent with medical recommendation(s). At these meetings, the IEP Team shall review the child's progress and modify the IEP as appropriate. At such time as the child is medically able to increase his/her school day, the IEP Team will reconvene to revise the IEP.